| Copyright (c) Queen's Printer, Victoria, British Columbia, Canada | Licence Disclaimer |
| B.C. Reg. 53/90 O.C. 238/90 |
Deposited February 15, 1990 |
| This archived regulation consolidation is current to December 9, 2005 and includes changes enacted and in force by that date. For the most current information, click here. |
Land Title Act
[includes amendments up to B.C. Reg. 300/94]
1 In this regulation:
"Act" means the Land Title Act;
"instructions" means everything in Schedule A other than the user guide and Forms A to E;
"transfer form" means a form of instrument prescribed under this regulation as
(a) a transfer of a freehold estate,
(b) a mortgage, or
(c) a general instrument,
and includes any schedule or other documentation attached to the transfer form;
"user guide" means those parts of Schedule A entitled "User Guide".
[am. B.C. Reg. 33/92, s. 1.]
2 (1) Forms numbered A to E in Schedule A are prescribed for the purposes of the Act.
(2) A transfer form that is
(a) a transfer of a freehold estate shall be in Form A,
(b) a mortgage shall be in Form B, or
(c) a general instrument shall be in Form C.
(3) Nothing shall be attached to a transfer form except
(a) one or more additional execution pages in Form D,
(b) one or more schedules in Form E,
(c) any affidavit of execution required under Part 5 of the Act,
(d) in the case of a mortgage in Form B, a set of express mortgage terms constituting Part 2 of the mortgage, and
(e) in the case of a general instrument in Form C, a set of express charge terms constituting Part 2 of the general instrument.
(4) Every transfer form shall be executed and completed
(a) in compliance with the instructions, and
(b) in substantial compliance with the user guide.
(5) An attachment to a transfer form that is a schedule in Form E shall be completed in compliance with the instructions and in substantial compliance with the user guide.
(6) A transfer form may contain an identification number or customer or client file number so long as the number is not placed on the form in a manner that
(a) obscures any part of the printed form,
(b) renders any completed part of the form illegible,
(c) prevents the land title office from using that part of the form designated for land title office use only, or
(d) may tend to mislead a person as to the contents or legal effect of the form.
[am. B.C. Reg. 33/92, s. 2.]
3 (1) Every transfer form, including attachments, and every set of standard terms filed under section 228 or 235 of the Act shall be on durable paper 8 1/2" x 11" in size.
(2) The transfer form shall be completed
(a) by printing or typing in legible characters of 10 or 12 pitch, but not smaller than 12 point, and
(b) by printing or typing in black or dark ink that is compatible for electronic scanning, optical character recognition or micrographic technology of the kind used in the land title office.
(3) The transfer form shall contain a blank space not less than 1 1/2"deep and 6" wide in the top right corner of the first page for use by the land title office.
(4) The vertical lines separating the year, month and day columns in the execution segment of a transfer form and in the payment provisions segment of Form B are not mandatory.
(5) The name, address and professional capacity of the officer witnessing the signature of a transferor or other party shall be typed or printed immediately below the signature of the officer.
[am. B.C. Reg. 33/92, s. 3.]
4 (1) The space provided for the completion of any item of the transfer form may be expanded or reduced as the circumstances require so long as
(a) in the case of a transfer form in Form A, the expansion does not make the instrument longer than one page, or
(b) in the case of a transfer form in Form B or C, the expansion does not make the instrument longer than 2 pages or result in printing part of an item on one page with the balance of the item on another page.
(2) Nothing in subsection (1) operates to limit the effect of section 2 (3).
(3) Notwithstanding subsection (1) (b), items 1 to 5 on Form B must appear either on page one of the form or in a schedule in Form E that is attached to the form in accordance with the instructions and user guide.
[am. B.C. Reg. 33/92, s. 4.]
5 Where a transfer form is executed under seal, the seal shall be affixed in a way that does not render the transfer form or any part of it illegible.
6 An abbreviation of any word on a transfer form shall not be used unless
(a) the abbreviation is permitted by the instructions or user guide, or
(b) the abbreviation does not obscure the meaning, intent or legal effect of the transfer form.
7 The standard mortgage terms set out in Schedule B are prescribed for the purposes of section 227 of the Act and shall be referred to as the "prescribed standard mortgage terms".
8 (1) A set of standard terms filed under section 228 or 235 of the Act shall
(a) in the case of a set of standard mortgage terms have the following heading at the top of the first page:
STANDARD MORTGAGE TERMS
Filed By: ..................................................................................,
(b) in the case of a set of standard charge terms have the following heading at the top of the first page:
STANDARD CHARGE TERMS
Filed By: .................................................................................,
(c) have page numbers at the bottom of each page,
(d) have numbered or lettered paragraphs, and
(e) have the words "END OF SET" at the bottom of the last page immediately above the page number.
(2) The headings referred to in subsection (1) (a) and (b) shall be at least 2" below the top of the page and the 2" space shall be used for land title office purposes only.
(3) An application to file a set of standard mortgage terms or a set of standard charge terms may be in any form acceptable to the registrar.
(4) A set of standard mortgage terms or standard charge terms shall be delivered for filing in duplicate, and the duplicate copy shall be labelled "DUPLICATE COPY" on the first page.
[en. B.C. Reg. 33/92, s. 5.]
9 (1) Division 6 of Part 14 of the Act does not apply to
(a) an instrument that, without the signature of the owner of an interest, operates to transfer, assign, charge or otherwise affect the interest,
(b) an instrument the form of which is prescribed under B.C. Reg. 334/79 or another enactment, or
(c) an instrument creating a floating charge that does not also create a mortgage of specific land.
(2) Nothing in subsection (1) operates to disapply Division 6 of Part 14 of the Act to instruments that create or constitute
(a) an assignment of rents that is not part of a mortgage,
(b) an easement,
(c) an equitable charge other than a floating charge,
(d) an agreement to extend a registered mortgage or charge over other land,
(e) an agreement to modify a charge,
(f) a lease, option to lease or agreement to renew a lease,
(g) an option to purchase,
(h) a right of first refusal,
(i) a right to purchase,
(j) a statutory right of way,
(k) a positive or negative covenant, other than a statutory building scheme in Form 35 of B.C. Reg. 334/79,
(l) an assignment of a registered charge other than an assignment in Form 27 or 28 of B.C. Reg. 334/79, or
(m) a release or discharge of a charge or interest.
[am. B.C. Reg. 33/92, s. 6.]
10 (1) Forms 24, 27 and 28 of B.C. Reg. 334/79 are modified to the extent necessary to accommodate the execution and officer certification by striking out "SIGNED IN THE PRESENCE OF" and substituting "OFFICER CERTIFICATION", and by adding the following immediately below the signatures of the executing parties and the witness:
"OFFICER CERTIFICATION: Your signature constitutes a representation that you are a solicitor, notary public or other person authorized by the Evidence Act, R.S.B.C. 1996, c. 124, to take affidavits for use in British Columbia and certifies the matters set out in Part 5 of the Land Title Act as they pertain to the execution of this instrument."
(2) Any other instrument that is required to be witnessed under Part 5 of the Act and that is not required to be in a form prescribed under the Act shall, where the witness is an officer, contain the officer certification statement set out in subsection (1) and the witness shall sign the instrument under a column headed "Officer Signature(s)" in the same manner as required in Item 7 of Form A.
(3) Where an instrument to which subsection (2) applies is not witnessed by an officer, the words "SEE AFFIDAVIT OF EXECUTION" shall be entered in the Officer Signature column in the same manner as required by the instructions and user guide for Form A and an affidavit of execution shall be attached to the instrument.
[am. B.C. Reg. 33/92, s. 7.]
11 Every instrument to be filed, lodged, registered or deposited under the Act shall, unless the nature of the instrument renders it impractical, be in the English language.
Copyright (c) Queen's Printer, Victoria, British Columbia, Canada